Page No.# 1/3 GAHC010015392025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./192/2025 ASHIYA BEGUM WIFE OF - LATE RAHIM ALI RESIDENT OF- KASARIHAT, DHUBRI, POLICE STATION- DHUBRI, DISTRICT- DHUBRI, ASSAM PRESENT ADDRESS AG ROAD, BEHARBARI PS- BASISTHA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.02.2025 1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Ashiya Begum, who has been detained behind the bars Page No.# 2/3 since 19.01.2025 in connection with Basistha P.S. Case No. 37/2025 under Sections 305(a)/313/317(2) of the BNS, 2023. 3. The gist of accusation in this case is that on 18.01.2025, one Riki Das, had lodged an FIR before the Officer-in-charge of Basistha Police Station, inter alia, alleging that on receipt of the secret information through reliable source that some burglars are intending to commit theft and burglary in Khanapar area, a team of police officials was constituted. During search operation, two persons, namely, Ikram Hussain and Ijajul Hoque were apprehended and based on the information given by them, a search operation was further conducted in the scrap yard of the present petitioner from where huge quantity of stolen articles were recovered. Later on, the present petitioner was also arrested. 4. The learned counsel for the petitioner has submitted that the petitioner is an innocent lady and is in no way involved in the offence alleged in the FIR. He also submits that the scrap shop from where the police had seized certain articles belongs to her son, namely, Akatar Ali and the police on not finding her son had arrested her. In support of his submissions, the learned counsel for the petitioner has also referred to Annexure-3 to the bail application which is the trade license issued by the Gauhati Municipal Corporation in the name of the son of the present petitioner. 5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Basistha P.S. Case No. 37/2025 and has submitted that the articles suspected to be stolen are already seized and the investigation is progressing. 6. I have considered the submissions made by the learned counsel for Page No.# 3/3 both the sides and have gone through the materials available on record including the case diary of Basistha P.S. Case No. 37/2025. 7. As the investigation has progressed and seizure of suspected stolen articles have been made, moreover, as the petitioner herself is not the owner of the scrap shop from where the seizure was made, this Court is of considered opinion that her further custodial detention may not be necessary for fair completion of the investigation in this case, if she cooperates with the Investigating Officer. 8. In view of the above, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- (i) That the petitioner shall co-operate in the investigation; (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer or to any Court. 9. This bail application is accordingly disposed of. 10. Send back the case diary. JUDGE Comparing Assistant